Hallmark v. Dalton Construction Co.

I agree with Justices Fatzer and Kaul that the judgment of the district court should be reversed, and desire to elaborate briefly on my reasons for doing so.

First, it should be said, in all candor, that the statute involved in this lawsuit, K. S. A. 44-556 (now K. S. A. 1970 Supp.) would have difficulty in qualifying as a model for lucid legislation. Its present provisions, if literally applied, would largely cancel each other.

The statute deals with appeals. So far as the issue presently before the court is concerned, the forepart of the statute provides in essence that an appeal from the…